92 Decision Citation: BVA 92-19737
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-44 849 ) DATE
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THE ISSUES
1. Entitlement to service connection for a psychiatric
disorder including post-traumatic stress disorder.
2. Entitlement to service connection for essential
hypertension.
3. Entitlement to service connection for hearing loss.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of the
United States
ATTORNEY FOR THE BOARD
Christopher B. Moran, Counsel
INTRODUCTION
The veteran served on active duty from May 1968 to December
1969.
This matter came before the Board on appeal from a rating
decision dated November 26, 1990, from the Nashville,
Tennessee, Regional Office (hereinafter RO). A notice of
disagreement was received on March 22, 1991. A statement of
the case was issued on April 4, 1991. A substantive appeal
was received on September 18, 1991. The case was received
at the Board on October 3, 1991, and docketed on October 9,
1991. The case was charged on December 5, 1991, to the
veteran's accredited representative, the Veterans of Foreign
Wars of the United States, for additional written arguments
which were added to the record on April 24, 1992. The case
is now ready for appellate action.
REMAND
Because the veteran's claims are plausible, they are well
grounded within the meaning of 38 U.S.C. § 5107(a) (1992).
Following a preliminary review of the record, we note that
additional development of the evidence regarding the
veteran's claim for entitlement to service connection for a
psychiatric disorder including post-traumatic stress
disorder is needed in order to assure adequacy of the record
as well as to assist the veteran in the development of his
claim. While the record shows that beginning in approxi-
mately November 1971, the veteran began treatment for
psychiatric symptoms associated, in part, to his experiences
in Vietnam, the RO has not requested specific information
regarding stressful incidents in Vietnam nor his outstanding
personnel file. In our opinion, the veteran should be
provided an adequate Department of Veterans Affairs (VA)
psychiatric examination to determine the presence of a
post-traumatic stress disorder currently.
We recognize that the VA has a duty to assist the veteran in
the development of facts pertinent to his claim. 38 U.S.C.
§ 5107(a) (1992); 38 C.F.R. § 3.103(a) (1991). The United
States Court of Veterans Appeals has held that the duty to
assist the veteran in obtaining and developing facts and
evidence pertinent to his claim includes obtaining
outstanding pertinent records along with adequate VA
examinations. Littke v. Derwinski, 1 Vet.App. 90 (1991).
Under the circumstances of this case, we are of the opinion
that additional assistance is required. The case is
REMANDED to the RO for the following:
1. The RO should obtain the veteran's
service personnel folder and associate it
with his claims file pending completion
of all appellate action.
2. The RO should contact the veteran to
obtain detailed, specific information
regarding the time and places of
stressful incidents while he was in
Vietnam. This information along with his
service personnel file should be sent to
the United States Army and Joint Services
Environmental Support Group (ESG),
Building 247, Stop No. 387, Fort Belvoir,
Virginia 22060. The agency of original
jurisdiction should inquire as to whether
the veteran was, in fact, exposed to a
stressor as claimed by the veteran. All
information should be associated with the
claims file for appellate review.
3. The RO should arrange for the veteran
to undergo an examination by a board of
two VA psychiatrists knowledgeable in the
field of post-traumatic stress disorder
for the purposes of determining the
current nature and extent of any identi-
fiable psychiatric disorder including
post-traumatic stress disorder. The
examiners should comment on whether the
veteran's current signs and symptoms fall
within the diagnostic criteria set forth
in The American Psychiatric Association,
Diagnostic and Statistical Manual of
Mental Disorders, Classification Code
309.89 (3rd ed.-revised l987).
Upon completion of the requested development, the case
should be reviewed by the RO in light of the additional
evidence obtained. If the benefit sought on appeal remains
denied, the records, including the above requested medical
information, should be returned to this Board for further
appellate consideration, if in order, after compliance with
the procedures for the processing of appeals. No action is
required of the veteran until he receives further notice.
Action on the issues of entitlement to service connection
for hearing loss and essential hypertension is deferred
pending completion of the requested development.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
URSULA R. POWELL PAUL M. SELFON, M.D.
*
(Member temporarily absent)
*38 U.S.C.A § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
Under 38 U.S.C. § 7252 (1992), only a decision of the Board
of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of
a preliminary order and does not constitute a decision of
the Board on the merits of your appeal.